Conservation, Planning and Zoning (CPZ) Committee

Minutes (102 KB)

SAUK COUNTY BOARD OF SUPERVISORS

CONSERVATION, PLANNING, AND ZONING COMMITTEE

Tuesday, June 28, 2016

County Board Room, Sauk County West Square Building

 

Conservation, Planning, and Zoning (CPZ) Committee members present:  J. Ashford, N. Johnson, D. Polivka, J. Fish, J. Dietz, E. Peterson, C. Lehman, S. Laubscher.

Absent:   None.

Others present:  B. Simmert, R. Fry, G. Templin, D. Lorenz, B. Cunningham, K. Franzen.  See registration slips for others present during the public hearing.

At 9:00 a.m. Chair Polivka called the Conservation, Planning, and Zoning Committee meeting to order and Templin certified to be in compliance with the Open Meetings Law. 

Adopt agenda:   Motion by J. Ashford/S. Laubscher to adopt the agenda as presented. Motion carried, all in favor.

Motion by J. Fish/J. Dietz to approve the June 9^th CPZ Committee meeting minutes.  Motion carried, all in favor.

Public Comment:

None.

Communications: 
Cunningham provided a communication from the DNR regarding the Shoreland model ordinance.

Update on Chapter 8, Sauk County Shoreland Ordinance. 

Cunningham reviewed of a slide presentation that he has provided on Granicus and gave an update on where the department is with the ordinance updates. 

Public Hearing: To begin at approximately 9:15 a.m. (Committee to consider and take possible action at the conclusion of the respective hearing.)

a.  Discussion and possible action on petition #11-2016, granting of a Conditional Use Permit (CUP) pursuant to s.7.040(3) to authorize the location of a wood fabrication business. This property is located in an Agriculture zoning district, in Section 35, T13N, R2E, Town of Woodland, owned by Adin Yutzy.

Dave Lorenz appeared and provided a history and background of the property and request, reviewed a map and photos of the property and any conditions associated if the committee chooses to approve the conditional use permit.  He noted that the Town of Woodland reviewed the request.

Seeing as there was no one else that wished to speak, Chair Polivka closed the public hearing at 9:23 a.m.

Motion by N. Johnson/E. Peterson to approve the Conditional Use Permit (CUP) with the conditions recommended to authorize a wood fabrication business located in the Town of Woodland.   Motion carried, all in favor.

b.  Discussion and possible action on petition #12-2016, granting of a Conditional Use Permit (CUP) pursuant to Subchapter IX Mobile Tower Siting of the Sauk County Zoning Ordinance to authorize the location of a new wireless cell phone/internet tower. This property is located in a Resource Conservancy zoning district, in Section 21, T12N, R6E, Town of Baraboo, owned by Arthur & Susanne Christofersen c/o AT&T.

Chair Polivka noted that the applicant has requested that the public hearing/decision be postponed until July 28^th CPZ hearing.

Dave Lorenz appeared and provided a history and background of the property and request, reviewed a map and photos of the property and any conditions associated if the committee chooses to approve the conditional use permit.  He noted that the Town of Baraboo has not responded to this appeal.

Art Christopherson, appearing in favor of the request, stated he owns the land in question, is here to make sure he doesn’t have any neighbors that have problems with the request and wants to make sure neighbors know to call him if they have any issues.

Greg Froelich, appearing in favor of the request, stated he is the adjacent neighbor, and is underserved for cellular service and believes the tower will be below the level of hill and is hoping it will not interfere with the airport.

Randy Puttkamer, appearing as interest may appear, Supervisor for the Town of Baraboo, stated they did not take any action on the request because it came in stating it is in the Town of Troy.  However, they do have a couple concerns, as there are not elevations given on the plans and they are on the overlay of the Baraboo Airport, as well as no descriptions as far as lighting on the tower.   They also have issues with the driveway and spoke of the violations that had occurred on the property.

Tom Pinion, City of Baraboo Engineer, appearing as interest may appear, stated he is appearing on behalf of the Baraboo/Wis Dells Airport.  He stated they are concerned with the proposed tower jeopardizing the airport and are asking the applicant submit their request to the FAA no matter what the height of the tower is and would like to see the operations of the airport protected.

Art Christopherson, reappearing, spoke of the driveway issue.

Seeing as there was no one else that wished to speak, Chair Polivka closed the public hearing at 9:38 a.m.

Motion by E. Peterson/J. Fish to postpone the Conditional Use Permit (CUP) request to authorize a mobile tower site for a new wireless cell phone/internet tower located in the Town of Baraboo until the July 28^th CPZ committee meeting.   Motion carried, all in favor.
 

c.   Discussion and possible action on petition #13-2016, granting of a Conditional Use Permit (CUP) pursuant to s.7.027(2) to authorize the location of an agriculture-related business. This property is located in an Exclusive Agriculture zoning district, in Section 19, T9N, R4E, Town of Franklin, owned by Gerald Meixelsperger, ETAL, c/o Charles Weidner.

Dave Lorenz appeared and provided a history and background of the property and request, reviewed a map and photos of the property and any conditions associated if the committee chooses to approve the conditional use permit.  He noted that the Town of Franklin reviewed the request and provided a resolution requesting that 2 conditions be placed on the CUP if granted.  (See Resolution No 8-2016 – Town of Franklin)

Nathan Johnson asked about the first condition by the Town of Franklin requesting that the CUP be non-transferrable.  Lorenz explained.

Fish asked about a previous request similar to this and how far away that is located.  Lorenz is unsure.

Fish asked about the screening.  Lorenz stated the Town is requesting that as a condition.

Peterson asked about time of operations and if those are standard.  Lorenz stated the ordinance does not specify hours, but could be part of the permit.

Lehman spoke of repair of farm equipment on a Sunday afternoon.

Charles Weidner, appearing in favor, explained the seasonal business and what the business will entail.  He also spoke of other location options they researched.

Chad McGlynn, appearing in favor of the request, stated he is a business partner and one of the closest neighbors and stated they chose this location to be very secluded and provide a service to the area that is very needed.  He also asked for no restrictions on hours of operation.

Johnson asked about being agreeable to a fence or screening.  McGlynn stated he is not opposed.

Brian Simmert, appearing as interest may appear, explained that this is a PRD lot and explained the process and his contacts with the Town, which is in favor of the request.  He also addressed the vegetative screening.  He explained that any outside storage would be west of the building, outside of view from Highway 23.

Seeing as there was no one else that wished to speak, Chair Polivka closed the public hearing at 9:50 a.m.

Polivka stated this is a very needed business in the area and feels the location is a good location.

Motion by J. Fish/E. Peterson to approve the Conditional Use Permit (CUP) with the conditions recommended to authorize an agriculture-related business, with the added conditions requested by the Town of Franklin.  Motion carried, all in favor.

d.  Discussion and possible action on petition #14-2016, granting of a Conditional Use Permit (CUP) pursuant to Subchapter IX Mobile Tower Siting of the Sauk County Zoning Ordinance to authorize the location of a new wireless cell phone/internet tower. This property is located in an Exclusive Agriculture zoning district, Section 24, T9N, R3E, Town of Franklin, owned by Steve Herfel c/o Bug Tussel/Cloud 1.

Brian Simmert appeared and provided a history and background of the property and request, reviewed a map and photos of the property and any conditions associated if the committee chooses to approve the conditional use permit.  He noted that the Town of Franklin has not provided comments in writing, but in conversation with Joe Prem, Franklin Town Chair, they are aware of the proposal, and while they have not taken action on the request, at this time are not in direct opposition to the request.  He did address screening requirements around the facilities and that additional screening is not needed due to landscape.

Ken Franzen, Cloud 1 LLC, applicant, appearing in favor of the request, stated that this is typical of the previous requests that have come before them.

Polivka asked if they have permission to build on the property.  Franzen stated they do and they have a survey.

Shea LaPort, appearing in opposition, stated there is already another tower right down the road and is concerned about property value and looking at the tower directly in front of their home.

Seeing as there was no one else that wished to speak, Chair Polivka closed the public hearing at 10:00 a.m.

The committee asked Franzen to explain why they can’t co-locate.  Franzen explained that they are doing something different than cellular towers, as they are doing wireless internet.
 

Polivka asked about the state law and the options that the committee has.  Simmert explained, due to the state statutes.

Motion by C. Lehman/J. Dietz to approve the Conditional Use Permit (CUP) to authorize a new wireless cellphone/internet tower.  Motion carried, all in favor.

e.  Discussion and possible action on petition #15-2016, granting of a Conditional Use Permit (CUP) pursuant to Subchapter IX Mobile Tower Siting of the Sauk County Zoning Ordinance to authorize the location of a new wireless cell phone/internet tower. This property is located in an Exclusive Agriculture zoning district, in Section 16, T10N, R4E, Town of Franklin, owned by Thomas Murphy c/o Bug Tussel/Cloud 1.

Brian Simmert appeared and provided a history and background of the property and request, reviewed a map and photos of the property and any conditions associated if the committee chooses to approve the conditional use permit.  He noted that the Town of Franklin has not provided comments in writing, but in conversation with Joe Prem, Franklin Town Chair, they are aware of the proposal, and while they have not taken action on the request, at this time are not in direct opposition to the request. 
 

Ken Franzen, Cloud 1 LLC, applicant, appearing in favor of the request, stated the tower is approximately 250’ due it being on a higher piece of property and explained the site location and that they have met or exceeded the conditions set by Sauk County.

Johnson asked about the consumer needs.  Franzen stated he does, but it is different for each one and depends on the density and does not have the information at this time.

Fish spoke of the RF map that covers 2 miles and 100 homes.

Seeing as there was no one else that wished to speak, Chair Polivka closed the public hearing at 10:12 a.m.

Polivka spoke of the concern about the towers and the area throughout Plain is a very underserved area and he has had constituents talk to him about what the county is doing to make sure people have service out there.

Motion by J. Ashford/C. Lehman to approve the Conditional Use Permit (CUP) to authorize a new wireless cellphone/internet tower.  Motion carried, all in favor.
 

f.  Discussion and possible action on petition #16-2016, granting of a Conditional Use Permit (CUP) pursuant to Subchapter IX Mobile Tower Siting of the Sauk County Zoning Ordinance to authorize the location of a new wireless cell phone/internet tower. This property is located in an Agriculture zoning district, in Section 29, T13N, R5E, Town of Dellona, owned by Gary Schyvinck c/o Bug Tussel/Cloud 1.

Brian Simmert appeared and provided a history and background of the property and request, reviewed a map and photos of the property and any conditions associated if the committee chooses to approve the conditional use permit.  He noted that the Town of Dellona has not met on the proposal, but they are aware of it, and has spoken to the Town Chair and he felt it did not need to be put on the Town agenda for comment. 

Ken Franzen, Cloud 1 LLC, applicant, appearing in favor of the request, spoke of the tower height, location, etc.

Polivka asked about the timeline on the construction of these towers.  Franzen stated they have FAA, FCC, DNR, Fish and Wildlife, and other permissions, and hope to get the towers in by late winter.  If they don’t get built this year by late fall, early winter, it will be mid spring/summer.

Seeing as there was no one else that wished to speak, Chair Polivka closed the public hearing at 10:20 a.m.

Motion by J. Dietz/N. Johnson to approve the Conditional Use Permit (CUP) to authorize a new wireless cellphone/internet tower.  Motion carried, all in favor.

g.  Discussion and possible action on petition #17-2016, granting of a Conditional Use Permit (CUP) pursuant to s.7.028(2)(i) to authorize the location of an art studio and s7.037(4)(i) to authorize the location of a multiple family dwelling, 2 units. This property is located in an Agriculture zoning district, in Section 32, T13N, R5E, Town of Dellona, owned by Jeff Salinas & Donna Neuwirth.

Brian Simmert appeared and provided a history and background of the property and request, reviewed a map and photos of the property and any conditions associated if the committee chooses to approve the conditional use permit.  He stated the request was reviewed against the county comprehensive plan as well as the Town of Dellona comprehensive plan.  He stated he also spoke to the Town Chair of Dellona, who stated no objections to the request.  He concluded by describing how the request meets with the county’s comprehensive plan, as well as the partnership with the county related to Fermentation Fest and the placemaking initiative.

Peterson asked if we are starting to pick who we want in the rural community and who we don’t want and commented on the latest request from Board of Adjustment.   Simmert explained.
 

Jay Salinas, applicant, appearing in favor of the request, spoke of the hearing before the town board and understands that what they do is hard to categorize.  He also spoke of the duplex being pre-existing, the seasonal use of the farm, no money exchange, but an “exchange of value” where they live there and people working towards Fermentation Fest in place of paying to stay.

Simmert, reappearing.

Johnson asked if there is no exchange of money, does there need to be a CUP.  Simmert explained.

Peterson spoke of the exchange of value versus money.
 

Seeing as there was no one else that wished to speak, Chair Polivka closed the public hearing at 10:35 a.m.

Motion by J. Ashford/C. Lehman to approve the Conditional Use Permit (CUP) with the conditions recommended to authorize an art studio and a multiple family dwelling, 2 units, in the Town of Dellona.  Motion carried, all in favor.
 

Motion by J. Ashford/J. Fish to adjourn public hearing.  Motion carried, all in favor.
 

Discussion and possible approval of a single family residence CUP pursuant to s7.074(3) for John Ganser located in S12, T9N, R5E, Town of Troy.   Simmert reviewed the request and explained the background and history of the property and the requirement by DATCP to build on 35 acres or more.    Motion by E. Peterson/J. Ashford to approve the CUP for a single family residence.  Motion carried, all in favor.

Discussion and possible action on a conditional use permit for a Planned Rural Development (PRD) lot for Palmer Farms, Inc. c/o Bob Palmer located in Section 5, T9N R4E, Town of Franklin, Sauk County pursuant to Subchapter IX, of the Sauk County Zoning Code of Ordinance.   Simmert reviewed the request and explained the background and history of the property, proposed access easement, meeting the Town of Franklin requirements and reviewed the easement area east of Highway 23.  He concluded with the conversion rate and total calculation statistics for 2016.  He also mentioned the condition that the Town of Franklin approves the PRD.  Motion by E. Peterson/J. Fish to approve the PRD, with the condition that the Town of Franklin approves the PRD for a conditional use permit.  Motion carried, all in favor.

Discussion and possible action on a conditional use permit for a Planned Rural Development (PRD) lot for Edward & Barbara Brooks located in Section 26, T12N R4E, Town of Reedsburg, Sauk County pursuant to Subchapter IX, of the Sauk County Zoning Code of Ordinance.   Simmert reviewed the request and explained the background and history of the property, proposed lot, conditional use standards, conversion rate and proposed preservation area easement on 40 acres.  He also stated that the Town of Reedsburg has yet to consider the request and will do so in July, which is why the condition exists that the Town of Reedsburg approves the request.

Lehman asked about the driveway access.  Simmert explained.

Dietz mentioned that the Reedsburg Plan Commission approved it last night.

Motion by N. Johnson/J. Fish to approve the PRD for a conditional use permit with the condition that the Town of Reedsburg approves the request.  Motion carried, all in favor.

Discussion and possible action on a conditional use permit for a Planned Rural Development (PRD) lot for Ralph & Maura Thompson located in Section 6, T12N R5E, Town of Excelsior, Sauk County pursuant to Subchapter IX, of the Sauk County Zoning Code of Ordinance.    Simmert explained the history and background of the request, the Town of Excelsior meeting tomorrow to consider the request, which is why one of the conditions includes the Town approving the request.  He also addressed the conversion rate.  Motion by S. Laubscher/J. Dietz to approve the request with conditions with a PRD for a conditional use permit.  Motion carried, all in favor.

Administrative Coordinator Report.  Fry provided hard copies of ATC Environmental Impact Fee Request Use of Funds and spoke of the use of the funds requirement.  Lehman asked about the amount of the funds.  Fry stated about $960,000.   The committee asked about options for use.  Fry explained a process for review and vetting and the committee agreed with the approach being taken.

Fry then reviewed issues at Lake Redstone relating to accessory structures without a residence and asked the committee about interest to revisit the topic relating to a proposed change to the ordinance relating to this issue.

Fish asked about the difference between Chapter 8 and Chapter 7.  Simmert explained.

Polivka spoke of the many people attending the meetings who were not opposed to having accessory structures. 

Johnson spoke of a petition with names, he would entertain, but he is concerned that it is a select few.

Polivka feels the committee reviewed it very well and doesn’t feel it needs to be revisited.  Dietz doesn’t feel it needs to be revisited.  Peterson stated he is neutral.  Johnson feels it doesn’t need to be revisited.  Ashford suggested the Town of LaValle look into their own zoning.  Lehman suggested restricting the size of structures.  Laubscher was unsure.  Fish stated he doesn’t feel it should be revisited.    Fry confirmed absent a petition from the Town, the committee would have no interest in reviewing this issue.  The committee confirmed.

Fry then updated the committee on communication received from the Army Corps regarding the proposed wetland project in Spring Green.

Next meetings of the Conservation, Planning, and Zoning Committee will be held on Thursday, July 14, 2016 at 9:00 a.m. and Tuesday, July 26, 2016 at 9:00 a.m.  Motion by J Fish/E Peterson to adjourn at 11:22 a.m.  Motion carried, all in favor.  

Respectfully submitted,

Nathan Johnson, Secretary